13
Parcel: 005-016-22-000 RESIDENTIAL DUPLEX 04/12/13 GRW PIOR MOA/TAX DEED NELS KLEVEN BLK 6 LT 1 N3 E2 REAL ESTATE SERVICES PO BOX 196650 ANCHORAGE AK 99519 6650 Site: 00051.6 N PARK ST Lot Size: 6,250 ---DATE CHANGED--- DEED CHANGED Zone: R3 Owner: 11/26/12: StateID: 2012 / )068525 Tax Dist: 001 Address: 11/26/1~: Date: 11/21/12 Grid: SWl136 HRA # : 000000 Plat: 00-0000 Ref #: ASSESSME~NT HISTORY ---LAND- ---BUILDJ:NG- ---TOTAL- -- Appraised Val 2011: 57,300 154,900 212,200 Appraised Val 2012: 60,300 158,900 219,200 --EXEMPTION-- Appraised Val 2013: 60,300 179,300 239,600 TYPE Exempt Value 2013: 0 0 0 State Credit 2013: 0 Resid Credit 2013: 0 Taxable Value 2013: 239,600 Insp 451: 06/09 LAND ONLY Liv Units: 002 Common J.rea: 452: 11/11 QUICK REINVENTORY % OwnerE:hip: . 453: 01/10 DESK EDIT LeasehoJd : Style: BI-LEVEL Story Hgt: 1.0 Exterior Wa:.ls: ALUM/METAL Year Built: 1970 Remodeled: 77 Effective YE~ar: 1974 Total Rooms: 10 Bedrooms: 06 Recreation ]~ms: 0 Full Baths: 2 Half Bths: 0 Add't Fixtu::-es: 2 Heat Type : CENTRAL Fuel Type: NATURAL GAS Sys Heat ~)e : HOT WATER FP: Stacks: Openings: Free Stand :..p : Extra Value: Extra Val: E-Z Set Fir'~pl: Condo Style: Condo FIr: Condo Com P-:op: Grade: AVERAGE Cst/Desgn: Condition: AVERAGE AREA Basement: 1,080 Fin/Bsmt: 1,080 Basement Gar: Car I Living 1st Floor: 1,096 2nd Floor: 0 3rd Floor: 0 I Area: Half Floor: 0 Attic Area: 0 Fin Deep Bsm: I 2176 ADDITIONAL FEATURES Basement: 1st Floor: 2nd F"loor: 3rd Floor: Area: COV'RD OPEN PORCH 64 ENTRANCE CANOPY 28 ATTACHED GARAGE 336 OTHER BUILDINGS AND 'CARD IMPROVEMENTS Type Qty YrBlt Size Grade Ccndition STORAGE SHED -FR 1 80 6'~ AVERAGE AVERAGE 00\ -0 I b -2..2..

Parcel: 005-016-22-000 RESIDENTIAL DUPLEX 04/12/13 …Order Number: 01029-85490 Guarantee Nurr ber: G-2226-000062147 Parcel Tax ~Iumber: 005-016-22-000 Date of Guarantee: June 27,2012

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Page 1: Parcel: 005-016-22-000 RESIDENTIAL DUPLEX 04/12/13 …Order Number: 01029-85490 Guarantee Nurr ber: G-2226-000062147 Parcel Tax ~Iumber: 005-016-22-000 Date of Guarantee: June 27,2012

Parcel: 005-016-22-000 RESIDENTIAL DUPLEX 04/12/13GRW PIOR MOA/TAX DEED NELS KLEVEN

BLK 6 LT 1 N3 E2REAL ESTATE SERVICES

PO BOX 196650

ANCHORAGE AK 99519 6650 Site: 00051.6 N PARK ST

Lot Size: 6,250 ---DATE CHANGED--- DEED CHANGED Zone: R3 Owner: 11/26/12: StateID: 2012 / )068525

Tax Dist: 001 Address: 11/26/1~: Date: 11/21/12Grid: SWl136 HRA # : 000000 Plat: 00-0000

Ref #:

ASSESSME~NT HISTORY ---LAND- ---BUILDJ:NG- ---TOTAL- --

Appraised Val 2011: 57,300 154,900 212,200

Appraised Val 2012: 60,300 158,900 219,200 --EXEMPTION--

Appraised Val 2013: 60,300 179,300 239,600 TYPE Exempt Value 2013: 0 0 0

State Credit 2013: 0Resid Credit 2013: 0Taxable Value 2013: 239,600

Insp 451: 06/09 LAND ONLY Liv Units: 002 Common J.rea:452: 11/11 QUICK REINVENTORY % OwnerE:hip: .453: 01/10 DESK EDIT LeasehoJd :

Style: BI-LEVEL Story Hgt: 1.0 Exterior Wa:.ls: ALUM/METALYear Built: 1970 Remodeled: 77 Effective YE~ar: 1974Total Rooms: 10 Bedrooms: 06 Recreation ]~ms: 0Full Baths: 2 Half Bths: 0 Add't Fixtu::-es: 2Heat Type : CENTRAL Fuel Type: NATURAL GAS Sys Heat ~)e : HOT WATERFP: Stacks: Openings: Free Stand :..p :Extra Value: Extra Val: E-Z Set Fir'~pl:Condo Style: Condo FIr: Condo Com P-:op:Grade: AVERAGE Cst/Desgn: Condition: AVERAGE

AREA Basement: 1,080 Fin/Bsmt: 1,080 Basement Gar: Car I Living

1st Floor: 1,096 2nd Floor: 0 3rd Floor: 0 I Area:Half Floor: 0 Attic Area: 0 Fin Deep Bsm: I 2176

ADDITIONAL FEATURES Basement: 1st Floor: 2nd F"loor: 3rd Floor: Area:

COV'RD OPEN PORCH 64ENTRANCE CANOPY 28

ATTACHED GARAGE 336

OTHER BUILDINGS AND 'CARD IMPROVEMENTS Type Qty YrBlt Size Grade Ccndition

STORAGE SHED -FR 1 80 6'~ AVERAGE AVERAGE

00\ -0 I b -2..2..

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,2jIAK STG Litigation Guarantee

SCHEDIULE A

P "epared by: Terri Cotterelllltle Officer: Terri Cotterell

Order Number: 01029-85490 Guarantee Nurr ber: G-2226-000062147Parcel Tax ~Iumber: 005-016-22-000

Date of Guarantee: June 27,2012 at 8:00 a.m.

Amount of Liability: $1,000.00 Fee: $250.00

1. Name of Assured:

Municipality of Anchorage

2. The Litigation Guarantee is furnished solely for th'e purposes of facilitating the filing of an action to:

Foreclose Tax Judgment

3. The estate or interest in the land hereinafter described or referred to covered I)y this Guarantee is:

.-1-" f / rlftt / ! J-Fee Simple ~#, 1- (~~ f{ '/.

4. Title to said estate or interest at the date hereof is, vested in: Jl ¥-1-'O /

Donald C. Ashcraft Jr. and Daria S. Ashcraft, husband and Witu"cJI.( It--- ~ /~~/, ~ hAlf St' \~ c '1" ,10.8/Ij// 9f~- /(;t:~\ Z(j) ~:t:~~~1 A~ .9f/~S--

5. The land referred to in this Guarantee is situated in the State of Alaska, Recolding District of Anchorageand is described as follows:

North 1/3 of the East 1/2 of Lot One (1), Block Six (6), NELS KLEVEN HOME~,TEAD, according to theofficial plat thereof, filed under Plat No. P-25, in the records of the Anchorage I~ecording District, ThirdJudicial District, State of Alaska.

Page 1 of 4

CStitle guaranty cortJpany

File No. 01029-85490AK STG Litigation GuaranteeGuarantee No. G-2226-000062147

Page 3: Parcel: 005-016-22-000 RESIDENTIAL DUPLEX 04/12/13 …Order Number: 01029-85490 Guarantee Nurr ber: G-2226-000062147 Parcel Tax ~Iumber: 005-016-22-000 Date of Guarantee: June 27,2012

AK STG Litigation Guarantee

SCHEDIJLE B

Guarantee Nurlber. G-2226-000062147Order Number: 01029-85490

Taxes or assessments which are not shown as e:(isting liens by the records cf any taxing authority thatlevies taxes or assessments on real property or b)f the public records.Proceedings by a public agency which may result in taxes or assessmants or notices of suchproceedings whether or not shown by the records of such agency or by the pul)lic records.

2. Any facts, rights, interests, or claims which are not shown by the public re(;ords but which could beascertained by an inspection of the land or by malcing inquiry of persons in po~ session thereof.

3. Easements, claims of easements, or encumbranc'8s which are not shown by tt e public records

4. Discrepancies, conflicts in boundary lines, shorta!~e in area, encroachments, ()r any other facts which acorrect survey would disclose and which are not shown by the public records.

5. a. Unpatented mining claims;

b. Reservations or exceptions in patents or in Ac1:s authorizing the issuance tt ereof;

c. Water rights, claims, or title to water, whether or not the matters exceptell under (1), (2) or (3) are

shown by the public records.

6. Rights of the state or federal government and/or public in and to any portion of the land for right of wayas established by federal statute RS 2477 (whether or not such rights are sho\l/n by recordings ofeasements and/or maps in the public records by the State of Alaska showing t."le general location of

these rights of way).

7. Any lien or right to lien, for services, labor or material heretofore or hereafter fl mished imposed by lawand not shown by the public records.

8. Easement for electrical transmission and/ortelephone distribution and incidental purposes, inc:luding terms and provisions thereof:Granted To .Mountain View Power Compan~/, Inc.Recorded. November 21, 1949Book .43 ..~page.172Affects .Westerly 10 feet of said lot

9. Easement, including terms and provisions thereof,for the purpose set out therein:Granted to : City of AnchorageFor : public useRecorded : April 20, 1955Book.116Page.225Affects .Rear 1 0 feet of said lot

10. Notes, covenants and provisions as set out onRetracement Survey of Mountain View area undelr Plat No. P-401

Page 2 of 4~~~~~~~!File No. 01029-85490AK STG Litigation GuaranteeGuarantee No. G-2226-000062147

Page 4: Parcel: 005-016-22-000 RESIDENTIAL DUPLEX 04/12/13 …Order Number: 01029-85490 Guarantee Nurr ber: G-2226-000062147 Parcel Tax ~Iumber: 005-016-22-000 Date of Guarantee: June 27,2012

AK STG Litigation Guarantee

11. Deed of Trust, including terms and provisionsthereof, securing the amount shown togetherwith any other amounts due thereunder: 'Ah~,lt.rTrustor : Donald C. Ashcraft Jr. and Darl;3 S. S~~~.Ashcraft, husband and wifeTrustee : First American Title of Alaska ,I ./. I " , O~Be~eficiary : Willi~m J. Smith and Dorothy E. & :,:'7/'GfP'fJ r{ o~lll<'<ISmith, husband and wife.Amount: $200,000.00, together with any I ,yA ~/I-other amounts due thereunderDated .December 31, 2008Recorded .January 2, 2009Serial Number. 2009-000073-0

12. No past or current municipar taxes, assessments or tax foreclosure judgments are being shown forpurposes of this report.

E~ID OF EXC;EPTIONS

NOTE: Attention is called to the Military Reservist Relief Act of 1991 (sec. 800 to 810, Military and VeteransCode), and the Servicemembers Civil Relief Act of 2003 (50 U.S.C: Appendix, seq. 5)1 et seq) which replacesSoldiers' and Sailors' Civil Relief Act of 1940 and amerldments thereto, which cont;~in inhibitions against thesale of land under a Deed of Trust if the owner is entitled to the benefits of said acts. Also, federal law mayrequire a judicial foreclosure, subject to applicable redelTlption rights, to cut off a junior United States judgment.

NOTE: Attention is called to the Federal Tax Lien Act of 1966 (Public Law 89-719) \'ohich, among other things,provides for the giving of written notice of sale in a specified manner to the Secretar)' of Treasury or his or herdelegate as a requirement for the discharge or divestment of a Federal Tax Lien n a nonjudicial sale, andestablishes with respect to such lien a right in the United States to redeem the prOpE!rty within a period of 120days from the date of any such sale.

Page 3 of 4

" ste\~/Srt~titlegvar!lnty company

File No. 01029-85490AK STG Litigation GuaranteeGuarantee No. G-2226-000062147

Page 5: Parcel: 005-016-22-000 RESIDENTIAL DUPLEX 04/12/13 …Order Number: 01029-85490 Guarantee Nurr ber: G-2226-000062147 Parcel Tax ~Iumber: 005-016-22-000 Date of Guarantee: June 27,2012

AK STG Litigation Guarantee

SCHEDIULE C

Order Number: 01029-85490 Guarantee Nulnber. G-2226-000062147

Said necessary parties (other than those having a claim 'Dr interest by reason of mattl}r as shown in Exceptionsnumbered N/A to be made defendants in said action to be brought by

Municipality of Anchorage

as plaintiff, are as follows:

Donald C. Ashcraft Jr.Daria S. AshcraftWilliam J. SmithDorothy E. Smith

File No. 01029-85490AK STG Litigation GuaranteeGuarantee No. G-2226-000062147

Page 4 of4

ste\~lart~ titieguaranty cot1lp8ny

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~

~ .*~TATUTORY WARRANTY DEEr!"'\"PI""1"1L.. ~\ I'1q~2..1(")'s. .

The Grantors, WILLIAM J. SMITH and DOROTHY E. SMITH, husbandand wife, of 16800 Tideview Drive, AnchoJ:"age, Alaska 99516,pursuant to .Sec. 34.15.030, Alaska Statutes, for and inconsideration of the sum of Ten Dollars ($10.00), lawful moneyof the United States of America, and other valuable considera-tion in hand paid, the receipt and sufficiency of which ishereby acknowledged, do hereby grant, convey and warrant toGrantees, DONALD C. ASHCRAFT, JR. and DARLA !~. ASHCRAFT, husbandand wife, as Tenants by the Entirety with the right of survivor-ship, of 15922 Di'~si~n #1, Chugiak. Alaska !19567. the followingdescribed real property,' together with all tenements, heredita-ments and appurtenances located in the l\I1chorage RecordingDistrict, Third Judicial District, State of Alaska:

The North 1/3 of the East 1/2 of Lc.t 1, Block6, NELS KLEVEN SUBDIVISION, according to theofficial plat thereof, filed under PlatNumber P-25, Records of the AnchorageRecording District, Third Judicial District,State of Alaska.

SUBJECT to reservations and excE!ptions ascontained in u.s. Patent and/or in Actsauthorizing the issuance therE!of; realproperty taxes, if any dUB; and easements ofrecord.

DATED this ~I day Of~~ £.x--&"z-:.-, 20o_.

~:~ -.4,.0 ~~\/wf~~ ;t:'tMr!rn

(STATE OF ALASKA

ssTHIRD JUDICIAL DISTRIc-r

The fo~in9 ins.!:rument was...~cknowledged bel:ore me this 3\61day of ~~.~~ I 200)2. by WILLIAM J. SMITH and DOROTHYE.

SMITH.1.\~~ILIIJf'f,,1.\ ' ' ,', .1:011'1'1'~Q~' -..',~".

$' ..~OTA.b':.~~-.~ 'T"-'-

~ .--." .=~~:.. USL\C : :::~.%.v, -

£-,.Alaska-

My Commission e:~ires: BldU1M111)

AFTER RECORDING RETURN TO:DONALD r. DARLA ASHCRAFT19522 DIV1lSION #1CHUGIAK, )U,ASKA 99567

FRANCIS J. NOSEK, J~.. A Pror...ional CO!J)Orarjon"':'810 N -.So;,. lOO, Alx:Jxnose. Alain 99501

(!XI?) 274-2r02

, ' " : A 2009-000072-0

; Recording Dist: 301 -Anchorage's 1/2/:1009 11:15AM Pages: 1 of 1

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~v

DEED OF TRUST

/2008THIS DEED OF TRUST, made this ~ day of December

BETWEEN AND AMONG THE FOLLOWING PARTIES:

TRUSTOR:

DONALD C. ASHCRAFT I JR. and DARLA S. ASHCRAFThusband and wife

TRUSTEE FIRST AMERICAN TITLE OF ALASKA

BENEFICIARY:

WILLIAM J. SMITH and DOROTHY E. SMITH, husbandand wife

WITNESSETH: That Trustor GRANTS, BARGAINS, SE~LLS and CONVEYS toTRUSTEE IN TRUST WITH POWER OF SALE, that property (herein the"Property") in the Anchorage Recording D:Lstrict, State ofAlaska, described as:

The North 1/3 of the East 1/2 of Lot 1, Block 6, NELSKLEVEN SUBDIVISION, according to the official platthereof, filed under Plat Number P-2S, Records of theAnchorage Recording District, Third Judicial District,State of Alaska.

SUBJECT to reservations and exceptions as contained inU.S. Patent and/or in Acts authorizinSI the issuancethereof; real property taxes, if any due; and easementsof record.

TOGETHER WITH the tenements, hereditaments and appurtenancesthereunto belonging, or in anywise appertslining, the rents,issues and profits thereof, SUBJECT, HOWEVER, to the right,power and authority hereinafter given to and conferred uponBeneficiary to collect and apply such rents, :lssues and profits.TO have and to hold the same, with the a:ppurtenances, untoTrustee:

A. FOR THE PURPOSE OF SECURING:

1. ~e~tormance of each agreementcontained.

of Trustor herein

2. Payment of the indebtedness evidertc~ed by a promissorynote or notes of even date herewith (herein "the note"), in theprincipal Bum of 5200.000.00 executed by Trul3tor and payable toBeneficiary or order, including all renew~lls, extensions ormodifications thereto.

Page 1 of 6

..FRANCIS J. NOSEK. JR.. A Pmr J C"II""""oa810 N St=!. Suilc 100, AI.:!wr'BC. Alaska ~l

(907) 274-2602

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3. Pa~ent of any and all sums Beneficiary may expend oradvance for the protection or preservation ,of the Property.

B. TO PROTECT THE SECURITY OF THIS DEED OF TRUST. TRUSTO_~AGREES: .

1. ~. To keep said property in good condition, repairand environmentally safe condition; not to remove or demolishany building thereon; to complete or restc,re promptly and ingood and workmanlike manner any buildj,ng which may beconstructed, damaged or destroyed thereon cmd to pay when dueall claims for labor performed and materials furnished therefor;to comply with all laws affecting said prope1:ty or requiring anyalterations or improvements to be made theJ:-eon; not to commitor permit waste thereof; not to commit, suff(~r or permit any actupon said property in violation of law; to cultivate, irrigate.fertilize, fumigate, prune and do all other acts which from thecharacter or use of said property may be re,~sonably necessary,the specific enumerations herein not excluding the general.

2. Insurance. To provide, maintaj.n and deliver toBeneficiary fire insurance satisfactory to alld with loss payableto Beneficiary in an amount not less than $~'ull lnsurab]A v~l"A.Unless Beneficiary and Trustor otherwise agree in writing,insurance proceeds shall be applied to restoration or repair ofthe Property damaged, provided such restoration or repair iseconomically feasible and if the security of this Deed of Trustis not impaired, the insurance proceeds shall be applied to thesums secured by this Deed of Trust, with the excess, if any,paid to the Trustor. Such application or release shall not cureor waive any default or notice of default hereunder orinvalidate any act done pursuant to such nol:ice.

3. Defend. To appear in and def(~nd any action orproceeding purporting to affect the security hereof or therights or powers of Beneficiary, or TrustE!e, and to pay allcosts and expenses, including cost of evidence of title andattorney's fees in a reasonable sum, in cmy such action orproceeding in which Beneficiary or Trustee may appear, and inany suit brought by Beneficiary to foreclose this Deed of Trust.

4. ~. To pay: at least ten days before delinquency alltaxes and assessments affecting said ~Iroperty, and, ifapplicable, all homeowners association dues i3.nd/or assessmentBjwhen due, all encumbrances, charges and liE~ns, with interest,on said property or any part thereof, which appear to be prioror superior hereto; all costs, fees and expenses of this Trust.

5. Exoenditures. To pay immediately and without demand allsums expended by Beneficiary or Trustee pursuant to theproviBions hereof, with interest from date of expenditure at therate provided for in the Note.

6. Protection of securit~. Should Trustor fail to make anypayment or to do any act as herein providecl, then Beneficiaryor Trustee, but without obligation so to do and without noticeto or demand upon Trustor and without releasing Trustor from anyobligation hereof.. may: make or do the same in such manner andto such extent as either may deem necessalry to protect thesecurity hereof, Beneficiary or Trustee b~~ing authorized toenter upon said property for such purposes i appear in and defendany action or proceeding purporting to aj:fect the securityhereof or the rights or powers of BeneficiaJ:-Y or Trustee; pay,purchase, contest or compromise any encumbra:nce, charge or li~n

Page 2 of 6

~111~ljllllf~JIIIIIIIIIIIIIIIII2 of 6

2009-000073-0

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which in the judginent of either appears to bE~ prior or superiorthereto; and, in exercising any such pOWE!rS, pay necessaryexpenses, employ counsel and pay his reasonslble fees.

C. IT IS .MUTUALLY AGREED THAT:

1. Condemnation. Any award or damages in connection withany condemnation for public use of or injur}. to said property,or any part thereof, is hereby assigned and shall be paid toBeneficiary who may apply such sum upon any indebtedness securedhereby and in such order as Beneficiary may determine, or at theoption of Beneficiary the entire amount so collected or any partthereof may be released to Trustor.

2. No Waiver. By accepting payment of any sum securedhereby after its due date, Beneficiary does not waive his righteither to require prompt payment when due of: all other sums sosecured or to declare default for failure so to pay.

3. Trustee SDecial Powers. At any tilne or from time totime, without liability therefor and without notice, uponwritten request of Beneficiary and presentation of this Deed ofTrust and said note for endorsement, and wit~out affecting thepersonal liability of any person for payment ,~f the indebtednesssecured hereby, Trustee may: reconvey all or any part of saidproperty; cons~nt to the making of any map or plat thereof; joinin granting any easement thereon; or join in any extensionagreement or any agreement subordinating the lien or chargehereof.

4- Reconveyance. Upon written reque!st of Beneficiarystating that all sums or obligations secured hereby have beenpaid or satisfied, and upon surrender of thii~ Deed of Trust andsaid note to Trustee for cancellation and retention and uponpayment of its fees, Trustee shall reconvey, without warranty,the property then held hereunder. The recitals in anyreconveyance executed under this Deed of Trust of any mattersor facts shall be conclusive proof of the trllthfulrtess thereof.The grantee in such reconveyance may be described as "the personor persons legally entitled thereto".

5. Additional Securitv. As additional security, Trustorhereby gives to and confers upon Beneficiary the right, powerand authority, during the continuance of these Trusts, tocollect the rents, issues and profits of said property,reserving to Trustor the right, prior to any default by Trustorin payment of any indebtedness secured hereb:{ or in performanceof any agreement hereunder, to collect and retain such rents,issues and profits as they become due and ]payable. Upon anysuch default Beneficiary may at any time without notice, eitherin person, by agent, or by a receiver to be appointed by acourt, and without regard to the adequacy of any security forthe indebtedness hereby secured, enter upon and take possessionof said property or any part thereof, in his own name sue foror otherwise collect such rents, issues and profits, includingthose past due and unpaid, and apply the same, less costs andexpenses of operation and collection, inJ::luding reasonableattorney's fees, upon any indebtedness secured hereby, and insuch order as Beneficiary may determine. Thj~ entering upon andtaking possession of said property, the c:ollection of suchrents, issues and profits and the application thereof asaforesaid, shall not cure or waive any default or noticehereunder or invalidate any act done pursuant to such notice.

Page 3 of 6

!IIIIIIIIIIIII~III]IIIIIIIIIIIIII3 of S

2009-000073-0

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6. Default.

(a) Upon default by Trustor in payment of anyindebtedness secured hereby or in performance of any agreementhereunder, all sums secured hereby shall imme,diatelybecome dueand payable at the option of the Beneficiary. In the event ofdefault Beneficiary may execute or cause the Trustee to executea written notice of such default and of his election to causeto be sold the herein described propert~{ to satisfy theobligation hereof, and shall cause such not:ice to be recordedin the office of the recorder of each recording district whereinsaid real property or some part thereof is situated.

(b) Notice of sale having been give~n as then requiredby law and not less than the time then required by law havingelapsed after recordation of such notice of default, Trustee,without demand on Trustor, shall sell said property at the timeand place of sale fixed by it in said notice of sale, either asa whole or in separate parcels and in such order as it maydetermine, at public auction to the highest aLDd best bidder forcash in lawful money of the United States, J?ayable at time ofsale. Trustee may postpone sale of all or any portion of saidproperty by public announcement at such time and place of sale,and from time to time thereafter may post]pone such sale bypublic announcement at the time fixed by the precedingpostponement. Trustee shall deliver to the purchaser its deedconveying the property so sold, but without any covenant orwarranty, express or implied. The recitals i.n such deed of anymatters of facts shall be conclusive proof of the truthfulnessthereof. Any person, including Trustor, Trust;ee or Beneficiary,as hereunder defined, may purchase at such sale.

(c) After deducting all costs, fet~s and expenses ofTrustee and of this Trust, including cost of evidence of titleand reasonable counsel fees in connection ",ith sale, Trusteeshall apply the proceeds of sale to paymlent of: all sumsexpended under the terms hereof, not then repaid, with accruedinterest at -2-:.2- percent per annum; all othe:l:' sums then securedhereby; and the remainder, if any, to the person or personslegally entitled thereto. Nothing contained herein shall beconstrued to limit the right of Beneficiary to foreclose this"Deed

of Trust by judicial action.

7. Binding. This Deed applies to, inu:res to the benefitof, and binds all parties hereto, their heirs, legatees,devisees, personal representatives, successors and assigns. Theterm Beneficiary shall mean the holder and. owner, includingpledgee, of the note secured hereby, whether or not named as abeneficiary herein, or, if the note has been pledged, thepledgee thereof. In this Deed, wheneveJ" the context sorequires, the masculine gender includes th.e feminine and/orneuter, and the singular number includes the plural.

8. Acceptance. Trustee accepts this Trulst when this Deed,duly executed and acknowledged, is made a public record asprovided by law. Trustee is not obligated to notify any partyhereto of pending sale under any other Deed of Trust or of anyaction or proceeding in which Trustor, Beneficiary or Trusteeshall be a party unless brought by Trustee.

9. Substitute Trustee. Beneficiary may, from time to time,as provided by statute, appoint another Tnlstee in place andstead of Trustee herein named, and thereupon, the Trustee hereinnamed shall be discharged and Trustee so sLppointed shall be

Page 4 of 6

IIIIIIIIIIIII~~ JIIIIIIIII~I"~4 of 6

2009-000073-0

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substituted as Trustee hereunder with the same effect as iforiginally named Trustee herein.

10. Co-Trustees. If two or more persoI~ be designated as'trustee herein, any or all powers granted heJrein to Trustee maybe exercised by any of such persons, if the other person orpersons is unable, for any reason, to act, and any recital ofsuch inability in any instrument executed by any of such personsshall be conclusive against Trustor, his hei.rs and assigns.

11. Pavmentor Satisfaction. In addilt:.ion to the powersbestowed upon the Trustee by statute and elsewhere in thisindenture, the Trustee is hereby specific~ally empowered toexecute and deliver an appropriate deed of reconveyance uponreceiving satisfactory assurance that the J:lote or obligationsecured hereby, together with interest and ~.1y advance shown tohave been made by or on behalf of the Benl~ficiary under theterms of the Trust Deed, have been paid in full or otherwisesatisfied. In this connection, the Trustee r~ay consider advicein writing from either the Beneficiary or any agent authorized'to collect the Promissory Note or determine performance of theobligation as such satisfactory assurance.

12. Maturitv Date. The date of maturity of this Deed ofTrust pursuant to A.S. 34.20.150 is ten (10) years from the dateof discovery by beneficiary of trustor's breach or act ofdefault.

ADDITIONAL PROVISIONS: See J?aragra.ph 3.3 following:

13. The obligation secured by this De:ed of Trust shallaccelerate and be due and payable in full, together withinterest, at such time as Trustors herein shall sell, transferor assign the subject property or their rights in the subjectproperty or any interest under this Deed of Trust, unlessBeneficiaries shall have first consented the,reto in writing.

THE UNDERSIGNED TRUSTOR REQUESTS AND DIRECTS THAT A COpy OF ANYNOTICE GIVEN HEREUNDER, INCLUDING BUT NOT LIMITED TO NOTICE OFDEFAULT AND OF ANY NOTICE OF SALE, BE MAILED OR DELIVERED TO HIMAT HIS ADDRESS HEREINAFTER SET FORTH.

SignaturesMailing Address:

15922 DiVision #l~~AChugiak, Alaska 99567

15922 Di~ision #1"irf( '9~AChugiak, Alaska 99567

16800 Tideview Drive,~ Anchorage, Alaska 99516

,~~~~~WILLIAM J. SMITH

" ~ ~ ~ / ~~->'""'..~- -U{)~ROTHY-E:?MITH .'

16800 Tideview Drive,Anchorage, Alaska 99516

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.2009.000073..0~ -

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STATE OF ALASKA )) ss

THIRD JUDICIAL DISTRICT )

The for~ingi~strument was ~cknowledged bef,:)re me this ~2-day of ~~-, 20011, by DONALD C. ASHCRAFT, JR. andDARLA S. ASH~RAFT.

,9-.. Notary 1n ana for Alaska

My Commission expires: 31~, 6fl \u~~ ,... ::.g,,: UI ..c>uSUC :. §.---~ -

STATE OF ALASKA88.

THIRD JUDICIAL DISTRICT

The for~ing in~trument was acknowledged before me this ~2-day of ~~, 200:6., by WILLIAM J. SMITH and DOROTHYE. SMITH. \-

\.J--- My Commission expires

AFTER RECORDING RETURN TO:FIRST NATIONAL BANK ALASKAESCROW DEPARTMENTP.O. BOX 100720ANCHORAGE, ALASKA 99510

Page 6 of 6

1111:11111111111111111111111111111

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2009-000073-0

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